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DocuSign Envelope ID:D7761 FC7-93D0-408G910D•CEF50900F346
<br /> 6. Costs. Purchaser shall pay all recording fees, the cost of the Survey, the cost of
<br /> Purchaser's title insurance policy and Purchaser's attorney's fees. Seller shall pay the transfer or
<br /> excise tax due in connection with recording the Deed,the cost of satisfying of record any security
<br /> instruments released at Closing,any other matters of title or survey to which Purchaser objects that
<br /> Seller elects to cure(if applicable),and Seller's attorneys'fees. Seller and Purchaser shall each pay
<br /> one-half of the fees of Escrow Agent,provided,however,Seller's share of such fees shall not exceed
<br /> $750.
<br /> 7. Feasibility Periods. Purchaser, its agents or representatives,at Purchaser's expense
<br /> and at reasonable times,shall have the right to enter upon the Property for the purpose of surveying,
<br /> inspecting,examining,testing the Property(including non-invasive soil borings,percolation tests
<br /> and environmental tests),provided that Purchaser shall not bore,drill or otherwise physically intrude
<br /> into the structures or ground comprising the Property without the prior written consent of Seller,
<br /> which consent may be granted,conditioned or withheld in Seller's sole discretion. Seller hereby
<br /> acknowledges and agrees that Purchaser's obligations under this Contract are subject to and
<br /> conditioned upon Purchaser's investigation and study of the Property and satisfaction with all aspects
<br /> thereof deemed relevant by Purchaser. Purchaser shall have sixty(60)days from the date of this
<br /> Contract(such 60-day period is hereinafter referred to as the"Feasibility Period")in which to make
<br /> such investigations and studies with respect to the Property as Purchaser deems appropriate. If
<br /> during the Feasibility Period,Purchaser determines that the feasibility of the Property,any aspect of
<br /> the Property or matter in any way related thereto is not,for any reason whatsoever,satisfactory to
<br /> Purchaser,in Purchaser's sole discretion,Purchaser may terminate this Contract by written notice to
<br /> Seller. Upon termination of this Contract by said notice,the Earnest Money Deposit(but,for the
<br /> avoidance of doubt,NOT the Additional Earnest Money which has been paid to Seller) shall be
<br /> returned to the Purchaser and thereupon the parties shall be released and relieved of all further rights,
<br /> obligations and liabilities hereunder except those which expressly survive the termination of this
<br /> Contract. If Purchaser fails to give any notice prior to the end of the Feasibility Period, then the
<br /> inspection contingency in this paragraph shall be deemed to have been waived by Purchaser,this
<br /> Contract shall remain in full force and effect and Purchaser shall have no further right to terminate
<br /> this Contract pursuant to this Paragraph 7.
<br /> If Purchaser does not terminate this Contract on or before the expiration of the Feasibility
<br /> Period,Purchaser,prior to the expiration of the initial Feasibility Period,may extend the Feasibility
<br /> Period for one additional thirty (30)Olay period by delivering to Seller the sum of Twenty Fide
<br /> Thousand and No/100 Dollars($25,000.00)as an"Additional Earnest Money Deposit". For such
<br /> Extension Period,the Additional Earnest Money Deposit shall provide Purchaser with an additional
<br /> thirty (30)days to make such investigations and studies with respect to the Property as Purchaser
<br /> deems appropriate and shall be applied to the Purchase Price at Closing. If during the Extension
<br /> Period Purchaser determines that the feasibility of the Property,any aspect of the Property or matter
<br /> in any way related thereto is not,for any reason whatsoever,satisfactory to Purchaser,in Purchaser's
<br /> sole discretion, Purchaser may terminate this Contract by written notice to Seller and the Earnest
<br /> Money Deposit(but,for the avoidance of doubt,NOT the Additional Earnest Money which has been
<br /> paid to Seller), shall be returned to the Purchaser and thereupon the parties shall be released and
<br /> relieved of all further rights, obligations and liabilities hereunder except those which expressly
<br /> survive the termination of this Contract.Any exercise of an additional Feasibility period shall extend
<br /> the Closing Date by the same amount of days as the extension.
<br /> Purchaser shall pay all costs incurred in making surveys,tests,analyses and investigations of:.
<br /> the Property and shall indemnify, defend,and hold Seller harmless from any liens,claims,losses, •
<br /> liabilities or expense (including attorneys' fees, court costs and other expenses) resulting from
<br /> Purchaser's exercising the right and privilege to go upon the Property and conduct tests thereon,and
<br /> will pay Seller upon demand the full amount of any sum Seller may be or become obligated to pay.
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<br /> PPAB 6064213v5.doc
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